[Federal Register Volume 61, Number 170 (Friday, August 30, 1996)]
[Rules and Regulations]
[Pages 46350-46352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22245]
[[Page 46349]]
_______________________________________________________________________
Part IX
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting; Harvest Information Program; Hunting
Regulations on Certain Federal Indian Reservations and Ceded Lands;
Early Seasons and Bag and Possession Limits; Final Rules
Federal Register / Vol. 61, No. 170 / Friday, August 30, 1996 / Rules
and Regulations
[[Page 46350]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AD08
Migratory Bird Harvest Information Program
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) and State wildlife
agencies (States) are cooperatively establishing a national Migratory
Bird Harvest Information Program (Program). The Program requires
licensed migratory game bird hunters to supply their names, addresses,
and other necessary information to the hunting licensing authority of
the State in which they hunt. The Program improves the quality and
extent of information about the harvests of migratory game birds to
better manage these populations. The Program requires hunters to have
evidence of current Program participation (Program validation) on their
person while hunting migratory game birds in participating States.
Hunters' names and addresses will provide a sample frame for voluntary
hunter surveys needed to improve harvest estimates for all migratory
game birds. States will gather migratory bird hunters' names and
addresses and the Service will conduct the harvest surveys. This
specific action adds 7 States to the list of those participating in the
Program, bringing the total to 17.
EFFECTIVE DATE: This rule takes effect on September 1, 1996.
FOR FURTHER INFORMATION CONTACT: Larry J. Hindman, Migratory Bird
Harvest Information Program Coordinator, Office of Migratory Bird
Management, U.S. Fish and Wildlife Service, (410) 827-8612, FAX (410)
827-5186.
SUPPLEMENTARY INFORMATION: This final rule facilitates the collection
of needed information about migratory game birds harvests. A proposed
rule was published in the April 29, 1996, Federal Register (61 FR
18936). This final rule amends Section 20.20 of 50 CFR by adding
Alabama, Georgia, Idaho, Illinois, Maine, Minnesota, Mississippi,
Pennsylvania, Tennessee, and Vermont to the list of participating
States. Licensed hunters, as a condition for hunting migratory game
birds in these States, would be required to annually provide their
names, addresses, and other necessary information to the licensing
authority of the State in which they hunt. This information will
provide a nationwide sampling frame of migratory bird hunters, from
which representative samples of hunters will be selected and asked to
participate in voluntary harvest surveys that the Service will conduct
annually.
The Service and States are currently implementing this Program over
a 5-year period, starting with the 1994-95 hunting season. During this
implementation, the Program's participation requirement will not apply
on Federal Indian Reservations or to tribal members hunting on ceded
lands. Participating States will provide the sample frame by annually
collecting the name, address, and date of birth of each State licensed
migratory bird hunter. To reduce survey costs and to identify hunters
who hunt less commonly-hunted species, States will also request that
each migratory bird hunter provide a brief summary of his or her
migratory bird hunting activity for the previous year. States will send
this information to the Service, and the Service will sample hunters
and conduct national hunter activity and harvest surveys.
A notice of intent to establish the Program was published in the
June 24, 1991, Federal Register (56 FR 28812). A final rule
establishing the Program and initiating a 2-year pilot phase in three
volunteer States (California, Missouri, and South Dakota) was published
in the March 19, 1993, Federal Register (58 FR 15093). The pilot phase
was completed following the 1993-94 migratory bird hunting seasons in
California, Missouri, and South Dakota.
A State/Federal group was formed to evaluate Program requirements,
the different approaches used by the pilot States, and the Service's
survey procedures during the pilot phase. Their evaluation resulted in
Program changes specified in a final rule, published in the October 21,
1994, Federal Register (59 FR 53334), initiating the implementation
phase of the Program.
Currently, all licensed migratory game bird hunters in
participating States are required to have a Program validation,
indicating that they have identified themselves as migratory bird
hunters and have provided the required information to the State
wildlife agency. Hunters must provide the required information to each
State in which they hunt migratory birds. Validations are printed on or
attached to the annual State hunting license or on a State-specific
supplementary permit.
The State/Federal technical group continues evaluating the Program
to determine the adequacy and timeliness of the sample frame, time
burden, cost, and other impacts on hunters, State license agents, State
wildlife agencies, and the Service. Current emphasis is on the time
requirement for the sample frame and alternative survey methods for
special groups of unlicensed hunters (e.g., junior and senior hunters).
Names, addresses, and other information are needed in time to
distribute hunting record forms to selected hunters before they forget
the details of their hunts. Previously, the Service's survey design
required participating States to send the required information to the
Service within 5 business days of the hunting license or permit
issuance (10 business days if the information is in electronic form).
Several States expressed concern that they could not meet this time
requirement. The Service conducted an experiment during the 1994-95
hunting season to determine whether extending the time requirement
would adversely affect the accuracy of survey results. Based on the
results of that experiment, the Service now requires participating
States to forward hunter information to the Service within 30 calendar
days from the date of license or permit issuance.
The Service does not require hunters exempted from State permit and
licensing requirements to participate in the Program. This would
include junior hunters, senior hunters, landowners, and other special
categories. Exemptions vary on a State-by-State basis. Excluding these
hunters from the Program also excludes their harvest from the estimates
which may result in serious bias. Thus States may require exempted
hunters to participate; and the Service encourages States to provide
any available information about these groups (for example, junior
hunter safety course participant lists, names and addresses of
landowners, State harvest estimates for exempted categories) to the
Service for use in improving harvest estimates. Methodology may vary by
State and will be incorporated into individual Memoranda of Agreement
with the Service.
The Service will use the names and addresses only for conducting
hunter surveys. Names and addresses will be deleted after the surveys.
State uses of these names and addresses will be governed by State laws.
Under 5 U.S.C. 553(d)(3) at least 30 days is required for a rule to
become effective unless an agency has good cause to make it sooner. The
Service and the States are currently implementing this Program over a
five-year period at the request of the International Association of
Fish and
[[Page 46351]]
Wildlife Agencies. The States added by this rule to the list of
participating States, Alabama, Georgia, Idaho, Illinois, Maine,
Minnesota, Mississippi, Pennsylvania, Tennessee, and Vermont, have all
prepared for a September 1 implementation date of the Program.
Generally, migratory game bird hunting seasons may begin as early as
September 1, 1996, and since migratory game bird hunters are required
to have a Program validation on their person while hunting migratory
game birds in these States, the Service believes this rule should be
effective on September 1, 1996.
Review of Comments and the Service's Response
The Service received comments on the proposed rule from six States.
All supported the Program, but requested a delay in their
implementation date.
1. Implementation Phase--Schedule of State Participation
Comment: North Carolina requested implementation be delayed to
1997. North Carolina is considering a major license system change in
1997 and wants to implement the Harvest Information Program with this
change. Arkansas, Colorado, Virginia, and Wisconsin requested
implementation be delayed to 1998, due to anticipated changes in their
licensing systems. South Carolina requested implementation be delayed
to 1998 to obtain approval from their State legislature to implement
the Program.
Service Response: The Service has consistently encouraged States to
advance in the implementation schedule, and discourage any delays.
However, the proposed delays by Arkansas, Colorado, North Carolina,
Virginia, and Wisconsin are premised on improved license procedures
that will better accommodate the Program. South Carolina's proposed
delay is based on implementing the Program with the endorsement of
their State legislature which will help ensure successful
implementation. Thus, the Service agrees to North Carolina's Program
implementation and implementation in 1998 for Arkansas, Colorado, South
Carolina, Virginia, and Wisconsin.
NEPA Consideration
The Service considered the establishment of this Harvest
Information Program and options in the ``Environmental Assessment:
Migratory Bird Harvest Information Program.'' Copies of this document
are available from the Service at the address indicated under the
caption FOR FURTHER INFORMATION CONTACT.
Regulatory Flexibility Act and the Paperwork Reduction Act
On June 14, 1991, the Assistant Secretary for Fish and Wildlife and
Parks concluded the rule would not have a significant effect on a
substantial number of small entities under the Regulatory Flexibility
Act 5 USC 601 et seq. This rule will eventually affect about 3-5
million migratory game bird hunters when it is fully implemented. It
will require licensed migratory game bird hunters to identify
themselves and to supply their names, addresses, and birth dates to the
State licensing authority. Additional information will be requested in
order that they can be efficiently sampled for a voluntary national
harvest survey. Hunters will be required to have Program validation on
their person while hunting migratory game birds.
The States may require a fee to cover their administrative costs.
State hunting-license vendors range from small to very large entities.
This rule should not economically impact any vendors/agents. Only
migratory game bird hunters (individuals) must provide this
information, so this rule should not adversely affect small entities.
The collection of information contained in this rule was approved
by the Office of Management and Budget under 44 U.S.C. 3501 et seq. and
assigned clearance number 1018-0015. The Service requires information
from licensed hunters before they can hunt migratory game birds.
The public reporting burden for this collection of information is
estimated to average 0.015 hours per response. This includes the time
needed to review instructions; search existing data sources; gather and
maintain data; and complete and review the collection of information.
Comments regarding the burden estimate or any other aspect of these
reporting requirements should be directed to the Service Information
Collection Clearance Officer, ms 224 ARLSQ, U.S. Fish and Wildlife
Service, 1849 C Street, NW., Washington, DC 20240, or the Office of
Management and Budget, Paperwork Reduction Project 1018-0015,
Washington, DC 20503.
Executive Order 12866
This rule was not subject to Office of Management and Budget review
under Executive Order 12866.
Executive Order 12612--Federalism
The regulations do not have significant Federalism effects as
provided in Executive Order 12612. Due to the migratory nature of
certain bird species, the Federal Government was given responsibility
for their management under the Migratory Bird Treaty Act. State harvest
surveys presently cannot provide adequate national estimates of
migratory game bird harvests for the following reasons: (1) Some States
do not now conduct annual harvest surveys or maintain accessible lists
of hunter names and addresses; (2) comparable information is not
available from all States because States have different survey
procedures; (3) many State license lists are not available in time to
permit distribution of hunter records early in the hunting season; and
(4) budget constraints often prevent States from conducting harvest
surveys during certain years and may cause some States to eliminate
them completely.
The regulations do not have a substantial direct effect on fiscal
capacity; do not change the roles or responsibilities of Federal or
State Governments; and do not intrude on State policy or
administration. Therefore, these regulations have no significant
Federalism effects and do not warrant the preparing of a Federalism
Assessment. In fact, they promote Federal/State cooperation and reduce
duplication of survey efforts.
These regulations do not constitute a significant regulatory action
as defined by Executive Order 12866. Therefore an assessment of their
effects on State governments, under the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4), is not required. The States may require a
handling fee from licensed migratory bird hunters to cover the
administrative costs of implementing the Program. Thus these
regulations will not have a significant economic impact on the States.
Executive Order 12360--Taking of Individual Property Rights
Executive Order 12360 discussed guidelines for the taking of
individual property rights. These regulations, authorized by the
Migratory Bird Treaty Act, do not affect any constitutionally-protected
property rights. They would not result in the physical occupancy,
physical invasion, or regulatory taking of any property.
Authorship
The primary author of this rule is Larry J. Hindman, Office of
Migratory Bird Management.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and record keeping
requirements, Transportation, Wildlife.
[[Page 46352]]
For the reasons set out in the preamble, 50 CFR Part 20 is amended
as set forth below.
PART 20--[AMENDED]
1. The authority citation for Part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a-j.
2. Section 20.20 is amended by revising paragraphs (b) and (e) to
read as follows:
Sec. 20.20 Migratory Bird Harvest Information Program.
* * * * *
(b) General provisions. Each person hunting migratory game birds in
Alabama, California, Georgia, Idaho, Illinois, Maine, Maryland,
Michigan, Minnesota, Mississippi, Missouri, Oklahoma, Oregon,
Pennsylvania, South Dakota, Tennessee, and Vermont must identify
himself or herself as a migratory bird hunter and give his or her name,
address, and date of birth to the respective State hunting licensing
authority and must have on his or her person evidence, provided by that
State, of compliance with this requirement.
* * * * *
(e) Implementation schedule. The Service continues to implement the
Program over the next 2-year period from 1997-1998. States must
participate on or before the following schedule:
1997--Arizona, Florida, Kentucky, Ohio, North Carolina, and Texas.
1998--Alaska, Arkansas, Colorado, Connecticut, Delaware, Indiana,
Iowa, Kansas, Louisiana, Massachusetts, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Dakota, Rhode
Island, South Carolina, Utah, Virginia, Washington, West Virginia,
Wisconsin, and Wyoming.
Dated: August 27, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-22245 Filed 8-29-96; 8:45 am]
BILLING CODE 4310-55-F
